Announcement

Collapse
No announcement yet.

Car Insurance, Section 7 Expense???

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    How do the courts handle a situation when the payer can't afford post secondary? I don't think we want to be living in a card board box!
    The courts typically take the viewpoint that you knew you had a child, you knew post secondary was a possibility...so why was there no RESP contribution to save for it?

    You ARE expected to contribute. On the flip side, the CHILD is expected to contribute as well, via part time work, student loans, etc to the tune of 1/3 of the cost typically.

    The remaining 2/3 is usually split proportional to income between the parents.

    So take what the cost is expected to be (and a quick visit to the post secondary institution will give you this), subtract 1/3, and then take his income + the ex's income (from the NOA) and figure out the cut. Offer that.

    THAT is reasonable.

    I would also offer to send the CS directly to the child, rather than the mother. 1. It gives the child money for her extras, and 2. it keeps it out of the ex's hands AND makes her look unreasonable when she refuses that.

    Comment


    • #17
      I tried to have the CS sent directly from my ex to my daughter who is living away from home attending post secondary school and the Ontario Family Courtof Justice and the judge would not. Once FRO is enforcing an order, they prefer FRO remains involved, and not to involve the child at all. Not sure if in New Brunswick the rules are different or what?
      and yes you are correct as far as parents with no money to pay for post secondary school. There are a lot of loans, grants, bursaries, and so forth out there.

      Comment


      • #18
        I also payed 88% of all her first year University expenses (tuition, living, book expenses which included a bus pass).
        I would be putting in a counter claim to have the child contribute 1/3 of her costs and have the remaining 2/3 split proportion to income as would be the norm.

        I was served last week with a court date in 2 weeks. She is seeking court order for me to pay 88% of any insurance premium for any of my 4 chilldren for any vehicle (s) she may own as a Section 7 extra expense.
        Driving is a privilege, not a right, and the requirement of the insurance company to have her designated a driver on the vehicle due to the fact that there are two is not your issue. Perhaps offer to cover proportional share to what the occasional driver cost would be?

        Comment


        • #19
          Well apparently she did get student loans (we think) We aren't told the 100% truth most times. The daughter who is 22 in a couple of months....shares a joint bank account with her mother....not a smart thing to do. Over the years why there wasn't a RESP?.....we have no idea why....there was no contact with either one.....but the support was always paid. So that would have to be a question for her mom.

          Comment


          • #20
            The judge dismissed the motion today based on: it isn't necessary for her to have a car at school, car is new which isn't normal for a student (not reasonable), I wasn't consulted before she purchased the car as to if I would pay for the insurance etc...
            It feels good to actually have won a battle for the first time!

            Comment


            • #21
              yeah! Good news

              I am so happy for you.

              Comment


              • #22
                Regarding RESp and University:
                My son is 8.5...I have started the RESP since he was a few months old and have saved 10 Grand so far.
                Is this money to be shared as my ex's contribution to my kids post secondary?
                I not only have scrimped and saved, and my parents (my sons maternal grandparents) are also putting monthly into it.
                Im thinking my son will also casually work, have a car, living costs for his won at age 18-25 while attending school...
                But be able to utilize this money for supporting university education for a few years...and for my ex to pitch in his portion as this is my portion.
                I know I wont be able to afford more then what I have been planning with the RESP. That was it from me and my part. Thats my planning and budgetting and its gone into the RESP for my contribution.
                Is this a bad idea? should I forego the RESP and just start a side saving account?
                Im now worried that court will assume his contribution is AFTER the RESP. The resp is my contribution from my part to support university.
                Im all for my ex to get one of his own and have encouraged him to save or put money aside.
                what is everyones thoughts? Im kind of worried now after reading some posts...

                Comment


                • #23
                  Originally posted by roxyroller71 View Post
                  Regarding RESp and University:
                  My son is 8.5...I have started the RESP since he was a few months old and have saved 10 Grand so far.
                  Is this money to be shared as my ex's contribution to my kids post secondary?
                  I not only have scrimped and saved, and my parents (my sons maternal grandparents) are also putting monthly into it.
                  Im thinking my son will also casually work, have a car, living costs for his won at age 18-25 while attending school...
                  But be able to utilize this money for supporting university education for a few years...and for my ex to pitch in his portion as this is my portion.
                  I know I wont be able to afford more then what I have been planning with the RESP. That was it from me and my part. Thats my planning and budgetting and its gone into the RESP for my contribution.
                  Is this a bad idea? should I forego the RESP and just start a side saving account?
                  Im now worried that court will assume his contribution is AFTER the RESP. The resp is my contribution from my part to support university.
                  Im all for my ex to get one of his own and have encouraged him to save or put money aside.
                  what is everyones thoughts? Im kind of worried now after reading some posts...
                  Hey Roxyroller:

                  It is great that you are digging through the posts to find information relevant to your circumstances.

                  That being said, if you have a question after reading a post, may I suggest you create your own thread? I think you will get a better response that way. I know for myself personally, when I see that a thread was started in 2011 I am not going to go and read it.

                  Hope that helps!

                  Comment


                  • #24
                    Thanks mom2three!

                    Comment


                    • #25
                      Originally posted by red12345 View Post
                      The judge dismissed the motion today based on: it isn't necessary for her to have a car at school, car is new which isn't normal for a student (not reasonable), I wasn't consulted before she purchased the car as to if I would pay for the insurance etc...
                      It feels good to actually have won a battle for the first time!
                      This is great to hear. Glad it worked out for you.

                      Comment


                      • #26
                        In our circumstance the kids have to pay 1/3 of ALL school related expenses including transportation.

                        Was an income not imputed for your ex? In our case it was, there was no reason as to why she couldn't work. She wasn't working because her thinking was that we'd have to pay for everything. She didn't get away with it.

                        Of the remaining 2/3 we pay our share based on income.

                        We pay through FRO and FRO has stated that they will NOT accept receipts for car insurance. Though, we do pay all other transportation expenses.

                        A judge should take into consideration if a child can take public transportation. From what I understand that should be first choice.

                        Comment


                        • #27
                          Originally posted by roxyroller71 View Post
                          Regarding RESp and University:
                          My son is 8.5...I have started the RESP since he was a few months old and have saved 10 Grand so far.
                          Is this money to be shared as my ex's contribution to my kids post secondary?
                          I not only have scrimped and saved, and my parents (my sons maternal grandparents) are also putting monthly into it.
                          Im thinking my son will also casually work, have a car, living costs for his won at age 18-25 while attending school...
                          But be able to utilize this money for supporting university education for a few years...and for my ex to pitch in his portion as this is my portion.
                          I know I wont be able to afford more then what I have been planning with the RESP. That was it from me and my part. Thats my planning and budgetting and its gone into the RESP for my contribution.
                          Is this a bad idea? should I forego the RESP and just start a side saving account?
                          Im now worried that court will assume his contribution is AFTER the RESP. The resp is my contribution from my part to support university.
                          Im all for my ex to get one of his own and have encouraged him to save or put money aside.
                          what is everyones thoughts? Im kind of worried now after reading some posts...
                          The RESP value at time of separation (and the attributed growth in that value until it is withdrawn) should be considered parental contribution from both you and your ex.

                          What you contribute after separation (and the attributed growth of that contribution until it is withdrawn) should be considered your contribution.

                          Comment


                          • #28
                            RoxyRoller71, as mentioned, you really need to start a new thread, so that all this stuff isn't jumbled together...and so that the OP doesn't have irrelevant info in their thread.

                            But, check out this other thread (concerning the RESPs), that I had, where I was asking about things. If you dig through it, you will see where one responder had issues, where her RESP contributions were counted as child's portion, and she was expected to come up with her "share" on top of that.

                            If you dig some more in that thread, you will also see where another responder, linked a bunch of CANLii cases, where "post-separation" RESP contributions, were attributed to be the contributor's "contribution" towards post-secondary.

                            http://www.ottawadivorce.com/forum/f...ekeeper-14375/

                            Comment

                            Our Divorce Forums
                            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                            Working...
                            X